Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Rules and Regulations 86563 

1https://www.ecfr.gov/current/title-28/chapter-I/ 

part-42/subpart-F/section-42.406. 

(ii) Pay rebates on competitive, noncontract brand infant formula that meets 

the definition of infant formula at 7 CFR 

246.2. 

■ 5. Add § 246.29 to read as follows: 

§ 246.29 Waivers of program 

requirements. 

(a) Required conditions. The Secretary 

may waive or modify any qualified 

administrative requirement for one or 

more State agencies during an 

emergency period or supply chain 

disruption. Waivers or modifications 

may be issued following a State agency 

request or at the discretion of the 

Secretary. To be considered, a waiver or 

modification issued under this Section 

must meet the following requirements: 

(1) The qualified administrative 

requirement cannot be implemented 

during any part of the emergency period 

or supply chain disruption. 

(2) The waiver or modification is 

necessary to serve participants and does 

not substantially weaken the nutritional 

quality of supplemental foods. 

(3) The waiver or modification would 

not result in material impairment of any 

statutory or regulatory rights of 

participants or potential participants as 

set forth at 7 CFR 246.8 or 7 CFR parts 

15, 15a and 15b. 

(4) The waiver or modification would 

not create a barrier to participation. 

(5) The waiver or modification would 

not create additional eligibility 

requirements for participation. 

(6) The waiver or modification would 

comply with 7 CFR 246.13(b). 

(7) The waiver or modification must 

offer substitution options with similar 

nutritional quality, that most closely 

provide the maximum monthly 

allowance of supplemental foods, and 

that do not create new supplemental 

food categories as set forth in 7 CFR 

246.10(e)(12) Table 4. 

(8) A State agency that requests a 

waiver or modification meets additional 

requirements for the request and 

approval as determined necessary by 

FNS. 

(b) Timeframes for waiver request and 

use. (1) Waiver starts. A waiver or 

modification may be granted any time 

during an emergency period or supply 

chain disruption. 

(2) Waiver duration. 

(i) A waiver or modification 

established during an emergency period 

may be available for the emergency 

period and up to 60 days after the end 

of the emergency period. 

(ii) A waiver or modification 

established during a supply chain 

disruption may be available for: 

(A) a period of up to 45 days from the 

date of waiver issuance and renewed 

with at least 15 days’ notice provided by 

the Secretary; and 

(B) no more than 60 days after the 

supply chain disruption declaration 

ceases to exist. 

(c) State agency waiver requests. State 

agencies shall submit requests for a 

modification or waiver for USDA 

approval. Requests shall include but not 

necessarily be limited to: 

(1) The qualified administrative 

requirement the State agency is 

requesting to modify or waive 

(including the statutory or regulatory 

citation) and an explanation for why it 

cannot be met; 

(2) Justification for why the waiver is 

necessary to continue WIC services; 

(3) An explanation that the waiver 

meets the conditions set forth in 7 CFR 

246.29(a); 

(4) The emergency period or supply 

chain disruption under which the 

request is being made; 

(5) The period for which the 

flexibility is being requested. 

Cynthia Long, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2023–26641 Filed 12–13–23; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 272 

[FNS–2022–0005] 

RIN 0584–AE86 

Supplemental Nutrition Assistance 

Program: Revision of Civil Rights Data 

Collection Methods 

AGENCY: Food and Nutrition Service 

(FNS), Agriculture (USDA). 

ACTION: Final rule. 

SUMMARY: This rule finalizes provisions 

of a proposed rule published on June 27, 

2022. With this final rule, the Food and 

Nutrition Service (FNS) is revising 

Supplemental Nutrition Assistance 

Program (SNAP) regulations that cover 

collecting and reporting race and 

ethnicity data by State agencies on 

persons receiving benefits from SNAP. 

This rule removes regulatory language 

that provides an example that State 

agencies might collect race and 

ethnicity data by observation (also 

referred to as ‘‘visual observation’’) 

when participants do not voluntarily 

provide the information on the 

application form. In addition, based on 

feedback from the commenters, this rule 

prohibits using visual observation as a 

data collection method for race and 

ethnicity. Through this rulemaking, FNS 

intends to improve the quality of data 

collected for purposes of Federal civil 

rights law and policy including title VI 

of the Civil Rights Act of 1964. USDA’s 

Food and Nutrition Service is 

committed to promoting equity and 

inclusion through its Federal nutrition 

assistance programs. This regulatory 

change is consistent with this 

Administration’s priorities and furthers 

FNS’ commitment to building equitable 

and inclusive systems for nutrition 

access. 

DATES: This rule is effective February 

12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Maribelle Balbes, Chief, State 

Administration Branch, Program 

Accountability and Administration 

Division, Supplemental Nutrition 

Assistance Program, Food and Nutrition 

Service, USDA, 1320 Braddock Place, 

5th Floor, Alexandria, VA 22314, by 

phone at (703) 605–4272 or via email at: 

SM.FN.SNAPSAB@usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Current Policy 

Title VI of the Civil Rights Act of 1964 

prohibits discrimination on the basis of 

race, color, or national origin in 

programs receiving Federal financial 

assistance. Additionally, Department of 

Justice (DOJ) regulations at title 28 of 

the Code of Federal Regulations (CFR), 

§ 42.406(a),1 require all Federal agencies 

to provide guidelines for the collection 

of race and ethnicity data from 

applicants and beneficiaries of Federal 

assistance programs sufficient to permit 

effective enforcement of title VI. 

Accordingly, SNAP regulations at 7 CFR 

272.6(g) and (h) require State agencies to 

collect race and ethnicity data on 

participating households and report the 

data to FNS to help ensure program 

benefits are distributed without regard 

to race, color, or national origin. FNS 

uses this data to determine how 

effectively FNS programs are reaching 

potential eligible persons and 

beneficiaries, identify areas where 

additional outreach is needed, assist in 

the selection of locations for compliance 

reviews, and complete reports, as 

required. State agencies report aggregate 

race and ethnicity data to FNS annually 

via the form FNS–101, ‘‘Participation in 

Food Programs by Race’’ (Office of 

Management and Budget (OMB) Control 

Number 0584–0594, expiration 7/31/ 

2023). FNS uses this aggregate data to 

conduct compliance reviews and 


lotter on DSK11XQN23PROD with RULES1
86564 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Rules and Regulations 

2 62 FR 58782 (October 30, 1997) (https://

www.govinfo.gov/content/pkg/FR-1997-10-30/pdf/ 

97-28653.pdf). 

3https://www.fns.usda.gov/cn/Race-andEthnicity-Data-Policy-Rescission. 

4Polubriaginof FCG, Ryan P, Salmasian H, et al. 

Challenges with quality of race and ethnicity data 

in observational databases. J Am Med Informatics 

Assoc. 2019. doi:10.1093/jamia/ocz113. 

investigations, identify trends or 

disparities that affect participation goals 

and opportunities to address them, and 

identify any potential adverse or 

disproportionate impacts when 

developing program policy. 

Per 7 CFR 272.6(g), State agencies that 

administer SNAP are required to collect 

data on participants’ race and ethnicity 

in the manner specified by FNS. The 

regulations provide that the application 

form must clearly indicate that the 

information is voluntary and that it will 

not affect the eligibility or the level of 

benefits. SNAP regulations at 7 CFR 

272.6(g) also require State agencies to 

develop alternative means of collecting 

race and ethnicity data on households, 

such as by observation during the 

interview, when the information is not 

provided voluntarily by the household 

on the application form. 

Proposed Action 

In the proposed rule, Supplemental 

Nutrition Assistance Program: Revision 

of Civil Rights Data (87 FR 38010), FNS 

proposed to update SNAP regulations at 

7 CFR 272.6(g) to remove the example 

of visual observation during the 

interview as an alternative means of 

collecting race and ethnicity data when 

not voluntarily provided by a household 

on the application form. FNS had 

several reasons for making this change. 

FNS cited the need to comply with 

OMB Directive 15, Standards for the 

Classification of Federal Data on Race 

and Ethnicity; 2 which provides that 

self-identification is the preferred means 

for gaining information about an 

individual’s race and ethnicity, when 

practicable, and notes that when these 

data points are collected through 

observation, they are likely to be very 

different than from the information 

obtained when respondents report about 

themselves, especially in populations 

with multiple racial heritages. In 

addition, there was a desire to be in line 

with updated FNS Civil Rights Division 

and Child Nutrition Programs 

guidance,3 which was supported by a 

recent Centers for Medicare and 

Medicaid Services (CMS) study that 

assessed the quality of race and 

ethnicity information in observational 

health databases.4 These documents 

indicate that a third party’s observation 

of an individual’s appearance is not a 

reliable means to capture how a 

participant self-identifies their own race 

or ethnicity identity. 

II. General Summary of Comments and 

Explanation of Revision 

During the 60-day public comment 

period on the proposed rule, which 

ended on August 26, 2022, FNS 

received 14 comments. Five 

commenters were members of the 

public, one was a State agency that 

administers SNAP, six were research 

and advocacy organizations, and two 

were associations representing health 

and human service agency leaders and 

nutrition education administrators. All 

the commenters supported the proposal 

to remove visual observation as an 

alternative data collection method for 

race and ethnicity, and one commenter 

recommended that FNS explicitly 

prohibit using visual observation as a 

data collection method in the final rule. 

Several commenters questioned why 

other alternative data collection 

methods remain in the rule after visual 

observation is being removed. Two 

commenters recommended that FNS 

remove the ability for States to use 

alternative data collection methods 

noting that if an individual chooses not 

to provide the information, States 

should not try to collect it. One 

commenter encouraged FNS to gather 

best practices for alternative data 

collection methods, and one commenter 

expressed concerns about using 

aggregate data as an alternative data 

collection method. 

FNS agrees that it is important to 

clearly state that the final rule removes 

the option to use visual observation and 

amends the regulatory language at 7 

CFR 272.6(g) to expressly prohibit using 

that option. FNS has updated language 

in the final rule but will continue to 

allow other alternative methods of data 

collection. FNS cannot eliminate the 

option to use alternative data collection 

methods in this final rule. The use of 

alternate data collection methods is 

required by OMB Directive 15. To 

ensure compliance with title VI of the 

Civil Rights Act of 1964 and associated 

regulations, FNS will retain 

requirements at regulation 7 CFR 

272.6(g) for State agencies to develop 

alternative means of collecting race and 

ethnicity data when participants do not 

self-identify. However, FNS recognizes 

that there are challenges associated with 

the use of alternative methods of data 

collection for race and ethnicity, such as 

choosing and obtaining appropriate data 

sources, and keeping up with emerging 

technology and tools. Therefore, FNS 

will gather and disseminate to State 

agencies information on best practices 

for developing alternative means of 

collecting race and ethnicity data when 

participants do not self-identify, 

including considerations when using 

aggregate data. 

One commenter suggested that FNS 

should ensure that when State agencies 

use other data sources to collect race 

and ethnicity data, the State should 

clearly identify the data sources and 

verify that visual observation was not 

utilized. FNS recognizes the need to 

support compliance with requirements 

at 7 CFR 272.6(g) and agrees with the 

commentor. FNS will incorporate 

review of State alternative methods for 

collection of race and ethnicity data into 

its ongoing oversight and management 

evaluation processes (e.g., Civil Rights 

and/or Program Access reviews) and 

will require corrective actions, as 

needed. 

One commenter suggested increasing 

the number of race and ethnicity 

options available for SNAP applicants to 

self-identify. SNAP regulations at 7 CFR 

272.6(g) and (h) do not specify the race 

and ethnicity options that State agencies 

must provide to SNAP applicants for 

self-identification. However, FNS 

requires State agencies to annually 

submit the ‘‘Participation in Food 

Programs—By Race’’ (FNS–101) form, 

which includes selected race and 

ethnicity options. OMB currently has an 

ongoing effort to gather public 

comments to improve the quality and 

usefulness of Federal race and ethnicity 

data, including through improved race 

and ethnicity options. FNS will 

consider information obtained through 

OMB’s effort when considering future 

changes to the FNS–101 race and 

ethnicity options. Additionally, FNS 

113–1 Civil Rights Compliance and 

Enforcement Instruction states that ‘‘A 

State agency may have categories for 

race in addition to the ones required by 

FNS; however, the additional categories 

must be mapped and extracted to the 

FNS-required categories.’’ 

Procedural Matters 

Executive Order 12866, 13563 and 

14094 

Executive Orders 12866, 13563, and 

14094 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 


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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Rules and Regulations 86565 

promoting flexibility. The Office of 

Management and Budget has 

determined this rule to be not 

significant under Executive Order 

12866. 

Regulatory Impact Analysis 

This rule has been designated as not 

significant by the Office of Management 

and Budget. Therefore, no Regulatory 

Impact Analysis is required. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) requires Agencies to 

analyze the impact of rulemaking on 

small entities and consider alternatives 

that would minimize any significant 

impacts on a substantial number of 

small entities. Pursuant to that review, 

the Secretary certifies that this rule 

would not have a significant impact on 

a substantial number of small entities. 

This rule will not have an impact on 

small entities because the changes 

required by the regulations are directed 

toward State agencies operating SNAP. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

the Department generally must prepare 

a written statement, including a cost 

benefit analysis, for rules with ‘‘Federal 

mandates’’ that may result in 

expenditures by State, local, or Tribal 

governments, in the aggregate, or the 

private sector, of $100 million or more 

in any one year. When such a statement 

is needed for a rule, section 205 of the 

UMRA generally requires the 

Department to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the most cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This final rule does not contain 

Federal mandates (under the regulatory 

provisions of title II of the UMRA) for 

State, local, and Tribal governments or 

the private sector of $100 million or 

more in any one year. Thus, the rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

Executive Order 12372 

SNAP is listed in the Catalog of 

Federal Domestic Assistance under No. 

10.551. For the reasons set forth in the 

Federal Register notice published June 

24, 1983 (48 FR 29115), this Program is 

excluded from the scope of Executive 

Order 12372, which requires 

intergovernmental consultation with 

State and local officials. 

Federalism Summary Impact Statement 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under section 

(6)(b)(2)(B) of Executive Order 13132. 

The Department has determined that 

this rule does not have federalism 

implications. This rule does not impose 

substantial or direct compliance costs 

on State and local governments. 

Therefore, under section 6(b) of the 

Executive order, a federalism summary 

impact statement is not required. 

Executive Order 12988, Civil Justice 

Reform 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is intended to have 

preemptive effect with respect to any 

State or local laws, regulations, or 

policies which conflict with its 

provisions or which would otherwise 

impede its full and timely 

implementation. This rule is not 

intended to have retroactive effect. Prior 

to any judicial challenge to the 

provisions of the final rule, all 

applicable administrative procedures 

must be exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed the rule, in 

accordance with Department Regulation 

4300–004, Civil Rights Impact Analysis, 

to identify and address any major civil 

rights impacts the rule might have on 

minorities, women, individuals with 

disabilities and individuals with limited 

English proficiency (LEP). The changes 

to SNAP regulations in this rule are to 

remove the option for visual observation 

for race and ethnicity data collection 

from SNAP regulations. After careful 

review of the rule’s intent and 

provisions and available data sets, FNS 

anticipates that the promulgation of this 

rule will increase the accuracy of data 

collected on the race and ethnicity of 

SNAP households by reducing errors in 

data collection caused by inaccurate 

visual observation. While this rule does 

provide for the collection of race and 

ethnicity data of SNAP households, as 

required by Federal law, it does not 

change any eligibility criteria. 

Executive Order 13175 

Executive Order 13175 requires 

Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

FNS determined that this rule does not 

require Tribal consultation. We are 

unaware of any current Tribal laws that 

could be in conflict with this rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; 5 CFR part 1320) 

requires OMB approve all collections of 

information by a Federal agency before 

they can be implemented. Respondents 

are not required to respond to any 

collection of information unless it 

displays a current valid OMB control 

number under the Paperwork Reduction 

Act of 1995. 

Information collection activities 

associated with this rule are approved 

under existing OMB Control Numbers. 

OMB Control Number 0584–0064 

(expiration 02/29/2024) includes burden 

estimates associated with the collection 

of race and ethnicity data on SNAP 

applications. OMB Control Number 

0584–0594 (expiration 07/31/2023) 

includes burden estimates associated 

with race and ethnicity data reporting 

on the form FNS–101, ‘‘Participation in 

Food Programs—by Race’’. The 

requirements in this rule do not 

introduce any new or changed 

information collection requirements 

subject to approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act of 1995. 

E-Government Act Compliance 

The Department is committed to 

complying with the E-Government Act 

of 2002, to promote the use of the 

internet and other information 

technologies to provide increased 

opportunities for citizen access to 

Government information and services, 

and for other purposes. 


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86566 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Rules and Regulations 

List of Subjects in 7 CFR Part 272 

Civil rights, Claims, Grant programs— 

social programs, Reporting and 

recordkeeping requirements, 

Unemployment compensation, Wages. 

Accordingly, 7 CFR part 272 is 

amended as follows: 

PART 272—REQUIREMENTS FOR 

PARTICIPATING STATE AGENCIES 

■ 1. The authority citation for part 272 

continues to read as follows: 

Authority: 7 U.S.C. 2011–2036. 

■ 2. In § 272.6, amend paragraph (g) by 

revising the third sentence and adding 

a fourth sentence to read as follows: 

§ 272.6 Nondiscrimination compliance. 

* * * * * 

(g) * * * The State agency must 

develop alternative means of collecting 

the ethnic and racial data on households 

when the information is not provided 

voluntarily by the household on the 

application form. These alternative 

means of data collection shall not 

include observation (also known as 

visual observation). 

* * * * * 

Cynthia Long, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2023–27351 Filed 12–13–23; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

7 CFR Part 4279 

[Docket No. RBS–20–BUSINESS–0016] 

RIN 0570–AB07 

Guaranteed Loanmaking and Servicing 

Regulations 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Final rule; correction and stay of 

effectiveness. 

SUMMARY: The Rural BusinessCooperative Service (RB–CS or Agency), 

a Rural Development (RD) agency of the 

United States Department of Agriculture 

(USDA), is publishing a stay of effective 

date for the final rule published in the 

Federal Register on November 24, 2023. 

The stay of the effective date for 60-days 

as provided in this notification will 

bring the final rule into compliance 

with the Congressional Review Act. 

This notification also corrects the 

reference to Executive Order 12866, 

Regulatory Planning and Review, which 

the final rule was determined to be 

significant. 

DATES: The correction is effective 

December 14, 2023. Effective December 

14, 2023, 7 CFR 4279.190(a), (c)(1) 

through (3) and (5), (d)(1) through (3), 

(h), (k)(1) through (3), (m) introductory 

text, and (m)(4) are stayed until 

February 12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Mark Brodziski, Deputy Administrator, 

Rural Business and Cooperative Service, 

Rural Development, U.S. Department of 

Agriculture, 1400 Independence Avenue 

SW, Stop Washington, DC 20250–3221; 

email: mark.brodziski@usda.gov; 

telephone (202) 205–0903. 

SUPPLEMENTARY INFORMATION: On 

November 24, 2023, RBCS issued a final 

rule which published in the Federal 

Register [88 FR 82225] entitled 

‘‘Guaranteed Loanmaking and Servicing 

Regulations.’’ This final rule updates the 

B&I CARES Act Program Loans, as 

implemented in 7 CFR part 4279— 

Guaranteed Loan Making and 7 CFR 

part 4287—Servicing and as published 

in the Federal Register on May 22, 

2020, as an interim rule. The final rule 

that published on November 24, 2023 

incorrectly stated that the effective date 

was November 24, 2023. Since this final 

rule has been reviewed by the Office of 

Management and Budget and it is 

determined to be ‘‘Significant’’ under 

Section 3(f)(1) of Executive Order 

12866, the Congressional Review Act 

(CR) requires a 60-day delay from date 

of publication in the Federal Register. 

This stay of the final rule for 60-days as 

provided in this notification will bring 

the final rule into compliance with the 

CRA. 

This rulemaking also corrects the 

Executive Order 12866, Regulatory 

Planning and Review, which the final 

rule was determined to be significant. 

Correction 

In FR Doc. 2023–25908 (88 FR 82225) 

appearing on pages 82225 and 82227 in 

the Federal Register of Friday, 

November 24, 2023, the following 

correction is made: 

Executive Order 12866, Regulatory 

Planning and Review [Corrected] 

1. On page 82227, in the first column, 

under Executive Order 12866, 

Regulatory Planning and Review, is 

corrected to read: This final rule has 

been reviewed by the Office of 

Management and Budget and is 

determined to be ‘‘Significant’’ under 

Section 3(f)(1) of Executive Order 

12866. A ‘‘significant regulatory action’’ 

means any regulatory action that is 

likely to result in a rule that may: ‘‘have 

an annual effect on the economy of $200 

million or more (adjusted every 3 years 

by the Administrator of OIRA for 

changes in gross domestic product); or 

will adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities.’’ 

Karama Neal, 

Administrator, Rural Business-Cooperative 

Service. 

[FR Doc. 2023–26751 Filed 12–13–23; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Rural Utilities Service 

7 CFR Chapter XLII 

[Docket: RBS–23–BUSINESS–0006] 

RIN 0570–AB10 

Rural Business Development Grant 

(RBDG) Regulation: Tribes and Tribal 

Business References To Provide 

Equitable Access 

AGENCY: Rural Business-Cooperative 

Service and Rural Utilities Service, 

USDA. 

ACTION: Final rule and response to 

comment. 

SUMMARY: The Rural Business 

Development Grant (RBDG) program is 

intended for governmental entities and 

non-profits that foster economic 

development, job creation and business 

creation in rural and Tribal 

communities. Eligible applicants for 

RBDG assistance include rural towns, 

communities, State agencies, 

authorities, nonprofit corporations, 

institutions of higher education, 

Federally recognized Tribes (https://

www.bia.gov/service/tribal-leadersdirectory) and cooperatives (if organized 

as a private nonprofit corporation). 

United States Department of Agriculture 

(USDA) intends to improve Tribal 

Government participation in the 

program. This final rule seeks to 

increase Tribal Government 

participation with programmatic 

amendments. This final rule responds to 

all comments received on the proposed 

rule. 

DATES: The final rule is effective January 

16, 2024. 

ADDRESSES: Additional information 

about RBDG is available at https://

www.rd.usda.gov/programs-services/ 


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